LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 17, 2013

TO:
Honorable Joseph Pickett, Chair, House Committee on Homeland Security & Public Safety
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB3218 by Springer (Relating to the places where a person may carry a handgun if the person is licensed to carry a concealed handgun.), As Introduced

The bill would amend the Penal Code, Government Code, and Alcoholic Beverage Code  to eliminate several places where it is a Class A misdemeanor or third degree felony for a person with a concealed handgun license to carry a handgun.  In addition, the bill reduces the penalty for a person with a concealed handgun license who is intoxicated and carries a handgun from a Class A misdemeanor to a Class C misdemeanor, unless they have a prior conviction for this section, in which case that offense is a Class B misdemeanor.  The bill also exempts a concealed handgun license holder form prosecution from the offense of carrying a weapon in places that are prohibited.  That offense is a third degree felony.  The bill also removes the provision in the penal code that exempts judges from prosecution for the offenses of carrying a weapon in places that are prohibited and unlawfully carrying a weapon.  The latter offense is punishable by a Class A misdemeanor or a third degree felony, depending upon the circumstances.

 

A Class C misdemeanor is punishable by a fine not to exceed $500.  A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A misdemeanor is punishable by confinement in jail for a term not to exceed one year and in addition to confinement, and optional fine to exceed $4,000.  A third-degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  The impact of the bill on correctional populations would depend on how many fewer persons would be prosecuted under the proposed statute compared to existing statute.   However, for this bill, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. 

 

In fiscal year 2012, there were 508 felony arrests, 969 placements on community supervision, and 32 admissions to prison for the offense of unlawfully carrying a weapon.  In fiscal year 2012, there were 626 felony arrests, 40 placements on community supervision, and 12 admissions to prison for carrying a weapon in places that are prohibited.  In fiscal year 2012, there were 21 felony arrests, 21 placements on community supervision, and less than ten admissions for the offense of unlawful carrying of a handgun by a license holder.



Source Agencies:
LBB Staff:
UP, GG, JPo